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Current as of January 01, 2023 | Updated by Findlaw Staff
(1) A law enforcement agency may not seize any cash, cashier's checks, money orders, credit cards, stocks, bonds or real or personal property that a person deposits, or attempts to deposit, with the clerk of the court, or a person designated by a magistrate to take security under ORS 135.270, in order to obtain security release as described in ORS 135.265 unless the law enforcement agency first obtains:
(a) A search warrant issued pursuant to ORS 133.545 authorizing seizure of the cash, cashier's checks, money orders, credit cards, stocks, bonds or real or personal property as items subject to search and seizure as described in ORS 133.535; or
(b) A court order under ORS 131A.060 directing seizure of the cash, cashier's checks, money orders, credit cards, stocks, bonds or real or personal property as property subject to forfeiture under ORS 131A.020.
(2) After seizing cash, cashier's checks, money orders, credit cards, stocks, bonds or real or personal property under subsection (1) of this section, a law enforcement agency may not further transfer or distribute the cash, cashier's checks, money orders, credit cards, stocks, bonds or real or personal property to any person or entity without a court order specifically authorizing the transfer or distribution.
(3) As used in this section, “law enforcement agency” has the meaning given that term in ORS 131A.005.
Cite this article: FindLaw.com - Oregon Revised Statutes Procedure in Criminal Matters Generally § 135.275 - last updated January 01, 2023 | https://codes.findlaw.com/or/title-14-procedure-in-criminal-matters-generally/or-rev-st-sect-135-275/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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